Copyright and Fair Use How does copyright and fair use apply to teachers?

Copyright and Fair Use

How does copyright and fair use

apply to teachers?

Copyright – History Lesson Dates back to English common law Only trained monks were permitted to copy

– an early form of copyright enforcement First U.S. law signed in 1789

It’s nothing new – it’s been around a while

Source: Waxer, 2006

What is Copyright? Legal concept enacted by most national

governments Gives the creator of an original work

exclusive rights Usually for a limited period of time

Source: Waxer, 2006

Six rights that a copyright holder owns -

Reproduction Adaptation Distribution Public

Performance

Public Display Digital

Transmission of Sound Recordings

Source: Waxer, 2006

Reproduction Copies do not need to be exact to be

considered reproductions If a drawing is recognizable, it is a

reproduction Changing the format is also considered

copying

Source: Simpson, 2005

Adaptation Changing a work in some way Some artists very protective; others

consider it flattery Examples:

Picture book into play Student modifies artwork to create a new piece

of art Writing new words to a song


Distribution Passing out something copied is

considered distribution Newsletters Showing videos Sharing software Worksheets Forwarding e-mail Publishing student work on the Internet


Public Performance & Display Creator holds all rights to public

performances and displays Classroom and school is considered public PTA, Scout Meetings considered public

Ok to show in privacy of your home Family, friends and relatives – as long as the

group is kept smallSource: Simpson, 2005

Digital transmissions of sound recordings

Licensing fees paid to the creator for the right to play sound recordings over the airways

Developed because users can easily copy high quality audio files from the radio


What is copyrighted?

Literary works Musical works Dramatic works Pantomimes Choreographic works

Pictures & graphics Sculptures Motion pictures Audio visual works Sound recordings

Source: Waxer, 2006

How long is material copyrighted? Life of author plus 70 years If two authors, life plus 70 of the longest

lived author If corporate authorship (ex: films) – 95

years from publish date or 120 years from creation date

Source: Waxer, 2006

How long is material copyrighted?

Not Copyrighted Created and

published before 1923

Copyrighted Created before 1923

and not published - varies

Created between 1923 & 1978 – varies

Created after 1997

Source: Waxer, 2006

What’s not copyrighted? Facts Government works Public domain Short phrases, terms and titles Works with non-protected material like

phone directories, recipes, measurement charts, plain calendars


Fair Use Allows limited use of copyrighted materials

under certain circumstances

Protects the rights of the creator while allowing legitimate use of copyrighted materials for education and research purposes


Fair Use Exemptions Criticism Comment News Reporting

Teaching Scholarship Research

It does not mean that teachers can copy and distribute anything they want!


Four Tests of Fair Use Is it non-profit or educational? Is it factual? The amount that is used – less is better The effect of use on the potential market –

are you preventing him from making a profit?


The Copy Machine You can make one copy from a book, newspaper, graph, cartoon,

etc. and keep it in a file for use in teaching. You can read it to the class, make a transparency or post it on the

bulletin board. You can make copies (one for each student) and use it one

year/semester for one course. You can copy current articles, cartoons, charts, graphs from

magazines or newspapers. You can copy anything you have permission for.

(Thou can’s)


The Copy Machine The department head, curriculum specialist or principal

cannot make copies to give to every teacher in the grade level.

You cannot make copies and use them for multiple courses or years.

You cannot copy books (even picture books) You cannot copy from multiple issues to

create a booklet or anthology. You cannot copy workbooks or other

consumable books

(Thou shall not’s)


Graphics/Artwork You may use clip art from Microsoft Word if you

own it

You may use clip art from a source you have purchased (ex: ArtExplosion)

You may use clip art or graphics from a service you or your district has subscribed to (ex: United Streaming)

(Thou can’s)


Graphics/Artwork

You cannot art modify, enlarge or convert to another medium.

You cannot combine characters from different sources to form new art.

You cannot copy a cartoon and replace the words with new words.

(Thou shall not’s)


Movies and Videos

You can show videos or CDs owned by the school library… You may use a work that was purchased by a teacher or

student… You may use a copy borrowed from the library or the Region 4

media library… You may use a rented video… You can use a video from United Streaming

(Thou can’s)

As long as it is directly related to a topic your are teaching


Movies and Videos

Is it nonprofit educational? Is it in the classroom or other instructional place? Are the students all from the same class? Do you have a legal copy? Is it part of your curriculum?

(Thou can’s)

If you can answer YES to

every question, you can.Source: Simpson, 2005

Movies and Videos(Thou

shall not's)

You cannot show videos for reward, recreation or

entertainment.

(Violation of public performance rights)Source: Simpson, 2005

Digital Resources Multimedia combines music, graphics, data and text

in a digital format. Since the media used in the production is owned by

the creator, guidelines were created to permit use.

Educator Use for

Curriculum-Based InstructionSource: Simpson, 2005

Digital Resources Guidelines Music, Lyrics and Music Videos

Up to 10% - no more than 30 seconds

Motion Media Up to 10% or 3 minutes

Illustrations or Photographs No more than 5 images from one artist No more than 10% or 15 images from one

collection


Digital Resources Guidelines continued…

Text Material Up to 10% or 1,000 words 3 poems per poet 5 poems from different poets from an anthology

Multimedia Project No more than 2 copies may be made

Numerical Data Set Up to 10% or 2,500 fields/cells from a database



Teachers may show their own multimedia projects at conferences and workshops But…. you can only use it for two years

Then you must get permission for each component 2 copies only All copyrighted components must be acknowledged

Within the presentation (shorthand reference) Works cited (at the end of presentation)



Teachers may show student work . . . If limited to only students enrolled in class Some kind of security prevents access by other

students



Students may keep their work indefinitely 2 copies only All copyrighted components must be

acknowledged Within the presentation (shorthand reference) Works cited (at the end of presentation)


But…it doesn’t have that little ©! In the U.S., almost everything created

privately and publicly after April 1, 1989 is copyrighted and protected whether it has notice or not.

Assume everything is copyrighted.

But…I cited the source!

Just giving credit to the author or owner does not protect you from copyright law violation.

Exception – if you have a licensing

agreement with an author, publication, or company

But . . . it’s on the Internet! Everything on the Internet is subject to

copyright laws.

Even if it is free, you cannot use it without permisson.

But…I don’t charge for it! You are still violating copyright laws if you

are giving it away.

You may not be making a profit, but you are preventing someone else from making a profit.

But…I’ll never get caught! (1998) LA Unified School District

Unauthorized copies of Adobe Photoshop and Microsoft Word Fine: $5,300,000

(2004) Garland, Texas Teacher copied entire TAKs workbook for students Fine: settled out of court (large fine – amount undisclosed)

(2007) Fort Worth, Texas Administrator made multiple pages from a book and handed

them out to faculty Fine: Had to pay for 300 copies of book + $15,000


ReviewClick on the attached hyperlink to view a

10-minute video on Fair Use

http://cyberlaw.stanford.edu/documentary-film-program/film/a-fair-y-use-tale

Source: Faddin, 2007

QuiztimeClick on the attached to take a quiz on Fair Use and Copyright in Elementary Schools

http://www.quia.com/pop/197847.html

Quiz created by Cindy Coker in Quia http://www.quia.com/web

It’s the right thing to doIt’s the legal thing to do

SourcesCopyright Law and Fair Use. Retrieved January 17, 2008, from Stanford University

Libraries/Academic Information Resources Web site: http://stanford.edu/cpyright.html

Faddin, Eric. (2007) A Fair(y) Use Tale. Retrieved January 28, 2008, from Stanford Law School – The Center for Internet and Society Website: http://cyberlaw.stanford.edu/documentary-film-program/film/a-fair-y-use-tale

Simpson, Carol (2007). Copyright Incidents Database. Retrieved January 28, 2008, from School of Library Information Science Web site: http://www.carolsimpson.com

Simpson, Carol (2005). Copyright for schools - a practical guide. Worthington, Ohio: Linworth Publishing, Inc..

Waxer, Barbara M. and Baum, Marsha L (2006). Internet Surf and Turf - Revealed: The Essential Guide to Copyright, Fair Use, and Finding Media. Boston, Massachusetts: Thomson Course Technology.

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Copyright and Fair Use How does copyright and fair use apply to teachers?